Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Proportionality of committal
  • 27 Oct 2021

    MR CHU KONG v. SUN MIN AND OTHERS

    Citation
    [2021] HKCA 1580
    Court
    Court of Appeal
    Case number
    CACV174/2017

    The Court allowed the appeal, holding that (1) Secretary for Justice consent or joinder is not required for criminal contempts occurring in civil proceedings because the proceedings are procedurally civil and the RHC Order 52 leave procedure sufficiently vets cases; (2) a prima facie case of contempt was established because documents were admitted to be fabricated and were likely material to the central issues; (3) the Judge below misassessed the significance of the doctored emails and wrongly found material non-disclosure sufficient to set aside ex parte leave; and (4) contempt proceedings w…